Interpretation ID: 22220.ztv

Mr. Bernard Geenen
The Trade Commissioner for Wallonia
Consulate General of Belgium
333 North Michigan Avenue
Suite 2000
Chicago, IL 60601

Dear Mr. Geenen:

This is in reply to your letter of September 21, 2000, to Taylor Vinson, which was received in this office on October 11, 2000.

With reference to a vehicle "to be used on private roads (amusement parks, resort, airports)," you have asked for a copy of "the official D.O.T. text(s) stating that such 'off road or non-road' vehicles are not subject to D.O. T. requirements." The vehicle is a "mini train," i.e., a tractor equipped with a Volkswagen engine pulling a trailer that carries 20 or more passengers.

We are pleased to provide you with the information you seek. Under our basic vehicle safety statute, we regulate "motor vehicles." A "motor vehicle" is defined, in pertinent part, as a vehicle that is driven or drawn by mechanical power and "manufactured primarily for use on public streets, roads, and highways" (Title 49, United States Code, Section 30102(a)(6)). Thus, it follows that we do not regulate a vehicle if it is not manufactured primarily for use on the public roads.

The determination of whether a vehicle is a "motor vehicle" is initially that of its manufacturer. We accept the manufacturer's determination unless that decision is clearly erroneous. We do not regard roadways in resorts, airports, and amusement parks as public roads. Therefore, if the manufacturer of the mini train you describe manufactures and sells it primarily for use in amusement parks, resorts, or airports, we would not regard it as a "motor vehicle" subject to D.O.T.'s jurisdiction and requirements. Of course, we might have to reconsider that decision if we became aware that mini trains were in fact being operated often on the public roads.

If you have further questions, you may telephone Taylor Vinson again (202-366-5263).

Sincerely,

Frank Seales, Jr.
Chief Counsel

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